CONNIE GIBILARO, an attorney duly admitted to practice in the Courts of the State of New York, affirms the following statement under the penalties of perjury: 1.
I am an Associate with the law firm GARY KAUGET, P.C., attorneys for Respondent, MILDRED ANTOINE, in the above-entitled action, and as such, I am familiar with the facts and circumstances in this matter based upon the file maintained in your Affirmant’s office.
This Affirmation is submitted in opposition to Petitioner GOVERNMENT EMPLOYEES INSURANCE COMPANY’s Petition seeking the following relief: for an Order pursuant to CPLR 7503(c) granting a permanent stay of arbitration, or in the alternative, a temporary stay of arbitration pending a hearing on the issue of whether the offending vehicle was in fact, "uninsured", and joining ABIGAIL NIEVES AND STATE FARM MUTUAL AUTO CO to this proceeding, and directing the respondent to produce a copy of all relevant medical records and authorizations, and to submit to an examination under oath and physical examinations, if, after a hearing, it is determined that respondent is entitled to proceed to arbitration, and for such other and further relief as to this Court deems just and proper.
“Once such a prima facie case of coverage is established, the burden shifts to the opposing party to come forward with evidence to the contrary” (Matter of American Home Assur.
With respect to the items requested in the Petition, Respondent is ready, willing and able to comply with the conditions under the policy of insurance before compelling Petitioner to proceed to arbitration, including but not limited to the following: (1) providing authorizations (medical, treatment, hospital, surgical, diagnostics, primary care physician, collateral sources, employment, school, prior claims/injuries, subsequent claims/injuries; and (2) appearing for medical examinations.